Bertolone was sentenced last month to 20 years in prison for sexually assaulting his fraternity brother.

Bertolone's lawyers argued the victim's medical records suggest he may have lied about visiting mental health doctors. And the 23-year-old's lawyers said he should get a new trial or at least have a chance to investigate the issue.

Bertolone was accused of using an unidentified drug on a Sigma Chi fraternity brother and sexually assaulting him without the man's knowledge for more than seven months in 2010.

Authorities said more than 160 photos and videos were found on Bertolone's computer of the assaults.